Legal analysis: A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of a product, as well as the combination of color, shape, and pattern. Taobao appearance patents can be sued for infringement as long as they have applied for a patent.
Legal basis: "Patent Law of the People's Republic of China" Article 59 The scope of protection of invention or utility model patent rights shall be based on the content of the claims. The description and drawings may be used to interpret the content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.